Results.
4 judgments found.
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| June 1968 |
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Self-defence is available against a charge of affray; affray is not a "minor offence" of assault where an extra public-place element is required.
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Criminal law — Affray — Self-defence available to person charged with affray — Penal Code s.75; Criminal procedure — Conviction of uncharged offence — "Minor offence" under Cr. Proc. Code s.168 requires cognate offence and lesser penalty; affray not a minor offence of assault where a public-place element is required
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28 June 1968 |
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Conviction quashed due to denial of witness, improper medical evidence, procedural errors, and incorrect imposition of burden on accused.
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Criminal procedure — accused's right to call a witness present in court; right to re-examine oneself after cross-examination; medical evidence—examining doctor must testify (ZP Form 32 insufficient); procedure for examination and cross-examination where multiple accused; no onus on accused to explain adverse prosecution testimony.
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18 June 1968 |
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A confession must be proven voluntary by the prosecution; inadequate caution and police 'pestering' justified excluding the statement.
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Evidence — Confession: voluntariness required for admissibility — Burden on prosecution to prove voluntariness — Judge’s discretion to exclude — Adequacy of caution (signature/form) relevant — Custodial authority and repeated questioning may render statement involuntary — Police practice of repeated cautions condemned.
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17 June 1968 |
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Unilateral termination without specified notice was unlawful and the daily liquidated damages clause was a penalty and unenforceable.
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Contract law — Time not of the essence — unilateral termination requires notice specifying reasonable time; Penalty clause — liquidated damages clause struck down as penalty; Remedies — damages for breach or quantum meruit; Assessment of damages and award of interest and costs.
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14 June 1968 |